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Amendments to the Railways and Transport Safety Bill

Railways and Transport Safety Bill


AMENDMENT
TO BE MOVED
ON THIRD READING


 

After Clause 107

 

THE LORD DIXON-SMITH

Insert the following new Clause—
  "Driving a motor vehicle while driving ability is impaired due to the influence of drugs
(1)  In the Road Traffic Act 1988 (c. 52) after section 40A (using a vehicle in dangerous condition etc.) there is inserted—
    "40BField impairment test and blood or other samples
    (1)  A constable shall have the right to require any driver whom he reasonably suspects of committing a moving traffic offence while under the influence of drugs to take a field impairment test, or require a blood or other bodily sample for analysis, or both, for the purpose of establishing whether or not that driver is under the influence of any drug.
    (2)  Where a constable requires a field impairment test or a blood or other bodily sample to be taken, it shall be an offence to refuse.
    (3)  Where a sample is required, if necessary a constable shall convey the person suspected of the offence to a police station to enable the sample to be taken by a properly qualified person.
    (4)  A person guilty of refusing a field impairment test or a sample shall be liable to a fine not exceeding level 5 on the standard scale."
(2)  It shall be the duty of each Coroner to publish each year a report containing a list of all accidents which led to fatalities in which any of the drivers involved tested positive for any drug.
(3)  It shall be the duty of each police force to include each year in its annual report a report containing—
(a)  a list of all motor accidents which led to fatalities in which any of the drivers involved tested positive for any drug, and
(b)  a list of all motor accidents causing injury in which any of the drivers involved tested positive for any drug."

 
 
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1 July 2003